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(영문) 대법원 2015.08.13 2015도8847
성폭력범죄의처벌등에관한특례법위반(강간등살인)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the records of the accused case, the court below is just in rejecting the defendant's assertion on mental and physical disability based on its stated reasoning, and there is no violation of law.

In addition, considering various circumstances, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of each of the instant crimes, the circumstances after the crime, etc., the determination of the lower court’s sentence that sentenced the Defendant to life imprisonment is extremely unfair even if considering the circumstances asserted in the grounds of appeal.

2. As to the request for attachment order, the lower court is justifiable to order the person subject to the request for attachment order to attach an electronic tracking device for 10 years, deeming that the person subject to the request for attachment order is likely to recommit the crime of murder, on the grounds stated in its reasoning, in full view of various circumstances indicated in the record, including the age, happiness, and environment of the person subject to the request for attachment order, the motive, means

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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